Initial Status Conference Order - Superior Court of California ...

1
vs.
Plaintiff,
Defendants.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CENTRAL DISTRICT
Case No.:
INITIAL STATUS CONFERENCE ORDER
(COMPLEX LITIGATION PROGRAM)
Case Assigned for All Purposes to
Judge ___________________
Department: _____
Date:
Time:
This case has been assigned for all purposes to Judge _____________ in the Complex
Litigation Program. An Initial Status Conference is set for _________________________ in
Department ____ located in the Central Civil West Courthouse at 600 South Commonwealth
Avenue, Los Angeles, California 90005. Counsel for all parties are ordered to attend.
The court orders counsel to prepare for the Initial Status Conference by identifying and
discussing the central legal and factual issues in the case. Counsel for plaintiff is ordered to
initiate contact with counsel for defense to begin this process. Counsel then must negotiate and
agree, as much as possible, on a case management plan. To this end, counsel must file a Joint
Initial Status Conference Class Action Response Statement five court days before the Initial Status
Rev. 1/24/13
INITIAL STATUS CONFERENCE ORDER (CLASS ACTION)

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Conference. The Joint Response Statement must be filed on line-numbered pleading paper and
must specifically answer each of the below-numbered questions. Do not use the use the Judicial
Council Form CM-110 (Case Management Statement).
1. PARTIES AND COUNSEL: Please list all presently-named class representatives and
presently-named defendants, together with all counsel of record, including counsel’s contact and
email information.
2. POTENTIAL ADDITIONAL PARTIES: Indicate whether any plaintiff presently
intends to add additional class representatives, and, if so, the name(s) and date by which these
class representatives will be added. Indicate whether any plaintiff presently intends to name
additional defendants, and, if so, the name(s) and date by which the defendant(s) will be added.
Indicate whether any appearing defendant presently intends to file a cross-complaint and, if so, the
names of cross-defendants and the date by which the cross-complaint will be filed.
3. IMPROPERLY NAMED DEFENDANT(S): If the complaint names the wrong
person or entity, please explain why the named defendant is improperly named and the proposed
procedure to correct this error.
4. ADEQUACY OF PROPOSED CLASS REPRESENTATIVE(S): If any party
believes one or more named plaintiffs might not be an adequate class representative, including
reasons of conflict of interest as described in Apple Computer v. The Superior Court of Los
Angeles County (2005) 126 Cal.App.4 th 1253, please explain. No prejudice will attach to these
responses.
5. ESTIMATED CLASS SIZE: Please discuss and indicate the estimated class size.
6. OTHER ACTIONS WITH OVERLAPPING CLASS DEFINITIONS: Please list
other cases with overlapping class definitions. Please identify the court, the short caption title, the
docket number, and the case status.
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INITIAL STATUS CONFERENCE ORDER (CLASS ACTION)

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7. POTENTIALLY RELEVANT ARBITRATION AND/OR CLASS ACTION
WAIVER CLAUSES: Please state whether arbitration is an issue in this case and attach a
sample of any relevant clause of this sort. Opposing parties must summarize their views on this
issue.
8. POTENTIAL EARLY CRUCIAL MOTIONS: Opposing counsel should identify
and describe the significant core issues in the case, and then identify efficient ways to resolve
those issues, including one or more of the following:
• Motion to Compel Arbitration,
• Early motions in limine,
• Early motions about particular jury instructions and verdict forms,
• Demurrers,
• Motions to strike,
• Motions for judgment on the pleadings, and
• Motions for summary judgment and summary adjudication.
NOTE: Effective 2012, by stipulation a party may move for summary adjudication of
a legal issue or a claim for damages that does not completely dispose of a cause of action, an
affirmative defense, or an issue of duty 1 . Counsel are to analyze, discuss, and report on the
relevance of this powerful new procedure.
9. CLASS CONTACT INFORMATION: Counsel should discuss whether obtaining
class contact information from defendant’ s records is necessary in this case and, if so, whether
the parties consent to an “opt-out” notice process (as approved in Belaire-West Landscape, Inc. v.
Superior Court (2007) 149 Cal.App.4 th 554, 561). Counsel should address timing and procedure,
1 See Code Civ. Proc. § 437c, subd. (s)
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including allocation of cost and the necessity of a third party administrator.
10. PROTECTIVE ORDERS: Parties considering an order to protect confidential
information from general disclosure should begin with the model protective orders found on the
Los Angeles Superior Court Website under “Civil Tools for Litigators.”
11. DISCOVERY: Please discuss a discovery plan. If the parties cannot agree on a plan,
summarize each side’s views on discovery. The court generally allows discovery on matters
relevant to class certification, which (depending on circumstances) may include factual issues also
touching the merits. The court generally does not permit extensive or expensive discovery
relevant only to the merits (for example, detailed damages discovery) at the initial stage unless a
persuasive showing establishes early need. If any party seeks discovery from absent class
members, please estimate how many, and also state the kind of discovery you propose 2 .
12. INSURANCE COVERAGE: Please state if (1) there is insurance for indemnity or
reimbursement, and (2) whether there are any insurance coverage issues which might affect
settlement.
13. ALTERNATIVE DISPUTE RESOLUTION: Please discuss ADR and state each
party’s position about it. If pertinent, how can the court help identify the correct neutral and
prepare the case for a successful settlement negotiation?
14. TIMELINE FOR CASE MANAGEMENT: Please recommend dates and times for
the following:
• The next status conference,
• A schedule for alternative dispute resolution, if it is relevant,
• A filing deadline for the motion for class certification, and
2 See California Rule of Court, Rule 3.768.
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• Filing deadlines and descriptions for other anticipated non-discovery motions.
15. ELECTRONIC SERVICE OF PAPERS: For efficiency the complex program
requires the parties in every new case to use a third-party cloud service, such as:
• Case Anywhere (www.caseanywhere.com),
• CaseHomePage (www.casehomepage.com), or
• File & Serve Express (www.lexisnexis.com/fileandserve).
Please agree on one and submit the parties’ choice when filing the Joint Initial Status
Conference Class Action Response Statement. If there is agreement, please identify the vendor. If
parties cannot agree, the court will select the vendor at the Initial Status Conference. Electronic
service is not the same as electronic filing. Only traditional methods of filing by physical delivery
of original papers or by fax filing are presently acceptable.
Reminder When Seeking To Dismiss Or To Obtain Settlement Approval:
“A dismissal of an entire class action, or of any party or cause of action in a class action, requires
court approval. . . . Requests for dismissal must be accompanied by a declaration setting forth the
facts on which the party relies. The declaration must clearly state whether consideration, direct or
indirect, is being given for the dismissal and must describe the consideration in detail.” 3 If the
parties have settled the class action, that too will require judicial approval based on a noticed
motion (although it may be possible to shorten time by consent for good cause shown).
Reminder When Seeking Approval of a Settlement– Plaintiff(s) must address the issue
of any fee splitting agreement in their motion for preliminary approval and demonstrate
compliance with California Rule of Court 3.769, and the Rules of Professional Conduct 2-200(a)
as required by Mark v. Spencer (2008) 166 Cal.App. 4 th 219.
3 California Rule of Court, Rule 3.770(a)
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INITIAL STATUS CONFERENCE ORDER (CLASS ACTION)

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Rev. 1/24/13
Pending further order of this Court, and except as otherwise provided in this Initial Status
Conference Order, these proceedings are stayed in their entirety. This stay precludes the filing of
any answer, demurrer, motion to strike, or motions challenging the jurisdiction of the Court;
however, any defendant may file a Notice of Appearance for purposes of identification of counsel
and preparation of a service list. The filing of such a Notice of Appearance is without prejudice to
any challenge to the jurisdiction of the Court, substantive or procedural challenges to the
Complaint, without prejudice to any affirmative defense, and without prejudice to the filing of any
cross-complaint in this action. This stay is issued to assist the Court and the parties in managing
this “complex” case through the development of an orderly schedule for briefing and hearings on
procedural and substantive challenges to the complaint and other issues that may assist in the
orderly management of these cases. This stay does not preclude the parties from informally
exchanging documents that may assist in their initial evaluation of the issues presented in this
case, however it stays all outstanding discovery requests.
Plaintiff’s counsel is directed to serve a copy of this Initial Status Conference Order along
with a copy of the attached Guidelines for Motions for Preliminary and Final Approval of Class
Settlement on counsel for all parties, or if counsel has not been identified, on all parties, within
five (5) days of service of this order. If any defendant has not been served in this action, service is
to be completed within twenty (20) days of the date of this order.
If all parties have been served, have conducted the required meet and confer, and are ready
to fully participate in the status conference prior to the assigned date, counsel may contact the
clerk of Dept 308 and request an earlier date for the Initial Status Conference.
Dated:
____________________________________
Judge _______________
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INITIAL STATUS CONFERENCE ORDER (CLASS ACTION)